Dillon B. v. Bisignano

Background

On May 12, 2025, the court granted the parties’ agreement to send Dillon B.’s action back to the Social Security Administration for further proceedings under sentence four of 42 U.S.C. § 405(g). Dillon B. then moved for $852.60 in attorneys’ fees. Frank Bisignano, the Commissioner of Social Security, did not oppose the request.

Legal standard and analysis

The Equal Access to Justice Act, or EAJA, permits an award of attorneys’ fees to a prevailing plaintiff in an action seeking judicial review of a denial of disability benefits unless the government’s position was substantially justified or special circumstances would make an award unjust. The court determined that Dillon B. was a prevailing party because a sentence-four remand qualifies for that status. Because the Commissioner did not argue that the government’s position was substantially justified, the court found Dillon B. entitled to an EAJA award.

The court then evaluated whether the requested amount was reasonable. It accepted the requested hourly rate of $243.60, which was based on a cost-of-living adjustment to the EAJA’s $125 statutory rate. The court also found the claimed work reasonable and concluded that an award of $852.60 was appropriate.

Disposition

Judge Laura M. Provinzino ordered that Dillon B.’s motion for attorneys’ fees was GRANTED. The court awarded Dillon B. $852.60 under the EAJA. Under the order, the award is payable to Dillon B. as the litigant and is subject to offset for any pre-existing debts Dillon B. may owe to the United States. The court directed that judgment be entered accordingly.